The Trials of the Courtroom
by BlueDream1
Summary: My take on Kate s trial scene ;


_**Author´s**_: I don't know Lost or any of the characters.

_So…are you all pleased with tonight's eppy:thud: I´m still in the squeeing mood._

_Anyway, I wrote this as a dyojs before eppy4 aired, and I planned to keep it only as a one-shot, but after seeing this eppy, I´m really into this whole AU Jate, so I´m considering turning it into a WIP fic. The problem is that I´m already writing one many-chapters fic, so…what do you guys think? Should I continue this one or just leave it on this? p.s. If I do it, it´ll be less in script-format, I only did it because it was more fitting for the trial scene._

_**The Trials of the Courtroom**_

Lawyer A: Your Honor, we would like to call our last witness, one of the survivors of _Oceanic Flight 815_ and the person who...

Kate straightened up in her chair, throwing a nervous glance at her attorney. _It couldn't be him…right? _

Lawyer A: … was the closest to my client in their period spent on the island. We'd like to call Doctor Jack Shephard.

Judge: Lead him in.

Kate turned to her attorney: Why didn't you tell me?

Lawyer A: Because you wouldn't let me, Kate. And we need him here.

Kate heard the sound of the door opening and she instinctively turned around. And there he was. She was grateful that she was sitting because she wasn´t prepared for the sudden rush of emotions that overflowed her body as she saw him entering the courtroom. He was clean-shaved, dressed in white shirt and black tuxedo. She could see his eyes scanning the courtroom, finally settling down on her. He gave her an encouraging smile. She smiled back. As she watched him proceeding towards the witness stand, she remembered their last encounter. _She had decided to turn in, tired of the constant life on the run. She´d known that the chances for her liberation were minimal, considering all the years spent avoiding the justice, and she hadn't wanted him to have to suffer too, so she´d decided to end the thing between them. She´d know she would break his heart again, but she´d also known that she was doing it for his own good. So she´d asked him to meet her in one of the local diners and, once he had come, she´d told him that she couldn't continue like that anymore, that she was about to change her life from root and that she needed a clean start, free of everything that was binding her with her past, pre and during island one. She´d also told him not to look for her ever again, and, after hugging him goodbye one last time, she´d left the diner, forcing herself not to turn around because she´d known she wouldn't be able to resist if she did_.

Courtroom officer: ˝Do you swear to tell the truth, the whole truth and nothing but the truth so help you God? ˝

Jack: I do.

Lawyer A: Could you please tell us your name, age, residence and profession?

Jack: Jack Shephard, 36, Los Angeles, California; spinal surgeon of St Sebastian's Hospital in LA.

Lawyer A: And you are one of the survivors of _Oceanic Flight 815_?

Jack: That´s correct.

Laywer A: My files tell me that my client was one of the first persons you met after the plane crashed. Is that correct?

Jack: Yes.

Lawyer A: Could you tell us something about that meeting?

Jack smiled slightly at the memory; then nodded: Immediately after the crash, I was busy with trying to get people away from the plane wreckage, and, being the only doctor, trying to patch up their injuries. It wasn´t until half an hour later that I noticed the injury _I_ had. So I took the sewing kit and settled in one of the secluded parts of the beach, but I realized that I couldn't reach the gash. And then Kate walked in. – he said, throwing a quick glance in her direction; then continuing: I asked her for help, and she agreed, although it was pretty clear that she was scared as hell. And she helped me. She fixed me. –he finished, and Kate couldn't help but smile as he smiled at her.

Lawyer A: What did you think of Miss Austen back then?

Jack: I thought…I thought how brave the woman in front of me had to be, to stitch the wound of a complete stranger, without prior medical knowledge. –he said and for a second their eyes met, both remembering the intensity of the moment, the moment when he had told her the story.

Lawyer A: Thank you. Now, Mr. Shephard, could you tell us more about my client's behavior on island?

Jack: Well, besides already mentioned stitching, Kate was one of the persons who volunteered the first when it came to exploring or searching treks, she provided us with fruit, she was my right hand when it came to treating the injured survivors, she delivered a baby without anyone's help, she…

Lawyer A: So... you could say that you really got to know my client during the months you´d spent on the island?

Jack chuckled slightly, throwing a quick glance at Kate; then replied: Kate is... how to describe it? You ever heard about that old saying that women have 101 personalities? Well, Kate is like that. She´s a person who would be impossible to read one day, but also a person with whom you could communicate without words needed the next day; a person who could be extremely stubborn to the point of making you want to _scream_ your lungs out, but also a person who'll know just the right moment to make you laugh; a person who'll argue her case for days if she believes hers is the right way, but also a person who'll know just to listen when listening is exactly what you need; a person who might make mistakes, but also a person who will stand by you no matter what. –he said, his eyes flickering excitedly as his lips spread in an affectionate smile. ˝She´s got these 101 personalities, and they can all drive you crazy, but in the end, you end up loving each one of them because they make her who she is. They make her…_Kate_. ˝he said tenderly, his eyes drifting to hers. Kate smiled shyly as she met his gaze, feeling her cheeks blushing. _No one has ever said things like those about her._

Lawyer A, satisfied: Thank you, Mr. Shephard. Now, just one final question, and then I´ll leave you in hands of the prosecutor. ˝Mr. Shephard, knowing all that you know about my client now, would you say that she deserves freedom?

Jack straightened up in his chair, suddenly turning serious, his eyes locked on Kate´s as he replied: I don't know anyone who deserves it more.

Kate felt a sudden rush of emotions at the words he said, and she had to look away to stop the tears that were dwelling in her eyes. _After everything she´s done to him, after all those times she´s hurt him, he was still here for her, on one of the most important days of her life. The day that would determine her future life. _

Lawyer A: Thank you, Mr. Shephard. No further questions, your honor. –she said, and returned to her seat.

Judge Morrison: Mr. Dobbson, do you want to cross-examine the witness?

Lawyer B, getting up: Yes, Your Honor. You said your name was Shepherd, right?

Jack, through gritted teeth (_He already disliked the man_.): Sheph**a**rd. Jack Shephard.

Lawyer B: Mr. Shephard then... How would you describe Miss Austen as person?

Jack, confused: Uhm, I´ve already talked about that, so I don't see wh…

Lawyer B: Just answer the question, please.

Jack: Okay. Kate´s…Kate´s free spirited, funny, extremely stubborn, good hearted, always ready to hel…

Lawyer B, interrupting him: Liar?

Jack: Excuse me?

Lawyer B: You heard me. Isn't it true that Miss Austen kept her true identity hidden when you crashed?

Jack: Yeah, but…

Lawyer B: Isn't it true that she pretended not to know the Marshall, when, in reality, he was the one who was escorting her back to Los Angeles?

Jack: Yeah, but…

Lawyer B: Isn't it true that she planned to use fake identity of a woman named Joanna in the case the rescue came?

Jack: Yeah, but… -Jack started, feeling the rage building inside of him.

Lawyer B: And considering all of that, could you _really_ say your trusted her?

Jack straightened up and looked straight into the eyes of the prosecutor: If I had to chose one person out of those 47 in which hands I would put my life in, it would be Kate. –he said and then added sarcastically: So, yeah, Mr. Dobbson, I think I could _really_ say I trusted her. –he replied, emphasizing the word ´_really_´ just like the man in front of him did. ˝And I _still_ trust her, if that was your next question.

The jury chuckled.

Judge Morrison: Order. Mr. Dobbson, please continue.

Lawyer B: Thank you, Your Honor. Mr. Shephard, how would you describe your relationship with Miss Austen back on the island?

Jack: I…I don't think I understa…

Lawyer B: Were you acquaintances, trekking partners, friends…_more_ than friends?

Jack, slightly nervous: All of the above, but…

Lawyer B: Mr. Shephard, were you in love with Miss Austen?

Jack, trying to hold back his anger towards the man: With all due respect, I don't see how that has anything to do with…

Lawyer B, interrupting him: Just answer the question, Mr. Shephard.

Jack gritted his teeth. He glanced at Kate´s attorney and could see that the woman wasn´t pleased with the way this was developing. He looked at Kate, she looked quite uncomfortable. He took a deep breath; then replied: Yes, I was in love with Kate.

Mr. Dobbson waited for a few moments until he was sure that the implications of that statement sank into the jury's mind; then smirked victoriously. He walked to his desk, picked up a piece of paper; then started returning to his place in front of the witness stand, deliberately taking small steps, making the impressions. _It was a time for his final blow._

Lawyer B: Your Honor, if You wouldn't mind, I would like to quote something.

Judge Morrison, nodding: Go on.

Lawyer B, reading from the paper: …_but also a person with whom you could communicate without words needed the next day; a person who could be extremely stubborn to the point of making you want scream your lungs out, but also a person who'll know just the right moment to make you laugh_; blablabla. Jack looked at him. _He never thought he could detest someone so much._ Mr. Shephard, do you still love Miss Austen?

Jack looked up at him. There was commotion in the courtroom. The judge pounded his gavel on the bench. ˝Order! ˝ Jack looked back at Kate. She was sitting in straight position, her eyes focused on him. He could see that she was waiting for his reply, maybe even dreading of it. He knew her well enough to know that she wasn´t anticipating his answer because of what it would mean for her trial, but because of what it would mean for her. _For them_. His eyes glanced back on her attorney. He knew what the expression on her face meant. _On this reply depended his whole previous testimony. _

Lawyer B: Mr. Shephard, do you still love Miss Austen?

Jack looked at Kate. His mind went back to that moment in St Sebastian's office. _I need to revise my statement…by the time I got there it was clear that my father was not only impaired, but that he had also severed the patient's hepatic artery. Which in my professional opinion, caused the crisis which led to her death_. _Should he do it? If he does it, he´ll hurt her. If he doesn't do it, she might face the jail sentence._ He looked at her again.

Lawyer B: MR. SHEPHARD…

Jack tore his gaze off of her, and looked up at the prosecutor. He took a deep breath and, avoiding looking at her, finally said: No. Not anymore.

The silence filled the courtroom. Jack could see the astonished look on the prosecutor's face and he fought back the urge to smirk. He allowed his eyes to glance at Kate, and he could see the hurt on her face, even though she tried to hide it. He managed to catch a set of tears escaping her eyes before she lowered her gaze, apparently focusing on one spot on the table in order to get her emotions in check. Jack felt the pain in the pit of his stomach too – he never meant to hurt her like that. _But it was a necessity._

He looked up at the sound of the prosecutor's voice.

Jack: Sorry, I didn't hear you.

Lawyer B: I asked you if I needed to remind you that you were under oath.

Jack could hear the concealed anger in his voice. But he didn't care. He straightened in his chair, cleared his throat and looked the man straight in the eyes.

Jack: No, Mr. Dobbson, you don't need to remind me. _A pause_. I stand by my statement.

He forced himself to endure the searching look of the man in front of him, but the prosecutor, seeing that the doctor wouldn't give up, had to surrender.

Lawyer B, through gritted teeth: Thank you, Mr. Shephard. I have no further questions.

Judge Morrison: Well, if both sides have nothing to add, the jury shall now retreat in the chamber to confer. Until that time, this court stands in recess.

Kate was standing in front of the Court building. _She was free_. _Free_. The words still sounded like coming from some other reality. She remembered the feeling that overwhelmed her as the jury read the verdict. _Not guilty. _It was something she´d longed to hear during all those years spent on the run. And yet something...something was preventing her to feel truly happy. _No...not anymore._ The words were still replying in her mind. She knew she´d deserved it, after everything she´d done to him, both on island and off island, but, it still hurted, hurted so much, to hear them coming from his mouth. She glanced around, her eyes nervously scanning the faces around her. In all that mess after the verdict had been made,she didnt have a chance to speak to him. _To thank him. Didnt have a chance to say goodbye._ She finally turned away. _He wasnt there_. He´d probably left right after the verdict. She stepped on the street and raised her hand to call a cab. It didnt take long before the yellow car stopped in front of her.

˝Kate! ˝she heard her name being called and she turned around, finding her attorney smiling at her. ˝So...is it nice to be free? ˝the woman asked, smiling at her.

Kate smiled too. ˝Yeah, it is. It really is. ˝ She paused. ˝Listen, Lindsey...˝she started, struggling to find the right words. ˝I...I dont know how to thank you...for everything. You dont know how much this means to me. ˝she said, her eyes starting to fill with tears.

The lawyer smiled. ˝It´s been my pleasure, Kate. You´ve gone through so much in your past, and you deserve to be happy. ˝

˝Thank you. ˝Kate said, and hugged the woman.

˝You´re welcome. ˝the lawyer replied, hugging her back. ˝Well, I have to go now. I´ll call you in a couple of days to explain all the details of the parole. For the moment, just dont leave the town, okay? ˝

˝Okay. ˝Kate agreed, smiling; then turned to enter the cab.

˝Oh and, Kate...someone wants to talk to you. ˝Lindsey said and Kate turned around, seeing Jack approaching them. She felt the urge to launch herself in his embrace, but she fought it: she didnt have the right to mess in his life anymore. Instead, she just smiled.

˝Hey. ˝Jack said tenderly, coming to stand in front of her.

˝Hey. ˝she replied and smiled slightly. _Some things will never change_.

They remained silent for a couple of moments, looking at each other.

˝Well, I guess I´ll leave the two of you alone. ˝Lindsey mumbled, recognizing that she was superfluous there. It seemed like none of them heard her, both of them being aware just of each other. Lindsey smiled as she retreated. _She knew that the man had lied back there. It took only one look at him while he was looking at her client to realize that. But somehow, she didn't mind it, despite the fact that it was breaking all the laws of the court. Her client deserved some happiness. And now she would finally get it._

˝So…finally free, huh? ˝Jack said, breaking the awkward silence.

˝Yeah. ˝Kate replied, smiling. ˝Listen,... ˝she started. ˝I…I just wanted to say… Thank you. For coming. For saying all those word. For just…_being there_. ˝she finished, looking down. She felt like on the edge of breaking down. Her words were still replaying in her head and she knew she wouldn't be able to resist to tears anymore. All she wanted right now was to go to her apartment, collapse on the bed and just…_cry_.

˝Kate, I…˝he started, but she interrupted him, shaking her head.

˝No, Jack, you don't have to say anything more, I understand. ˝she said, thinking that he wanted to explain to her why he said those words. _He had moved one and he had every right too. She´d hurt him enough in the past, and now she would let him go. Let him be happy_. ˝I have to go now. He´s waiting for me. Goodbye, Jack. ˝she whispered quietly and turned to leave.

But Jack was quicker.

˝Hey! ˝he said, taking her arm and turning her to face him. She struggled, feeling her strength slipping. _It was only a matter of seconds now when she would break down_. ˝Wait, Kate…Kate, would you please stop struggling and listen to me?! People are starting to stare. ˝he whispered, and she glanced around. Couples of eyes were watching them suspiciously. She calmed down, but still refused to look up at him. ˝Kate…what I said earlier…˝he started, but paused when he noticed fresh tears making their way down her face. His heart melted. He fought the urge to kiss her right then, because he knew he had to clear things up first; so instead he took a deep breath and continued: ˝…I lied. ˝ He watched her expression change as her mind registered what he just said. ˝Hey… ˝he said, gently lifting her chin with his finger. She looked up at him, confused. He searched for her eyes and, when he was sure he had her complete attention, he explained: I still _do_ love you. ˝

They eyes locked. He could see the confusion on her face bring replaced by shock, then surprise; until it finally settled on the expression that he had seen once before. He knew that look. Only this time, they were _both_ aware what would happen next, and they were both _ready_ for it.

She leaned forward and their lips met, the world around them stopping to exist in that moment. His hands settled on the back of her waist, and she wrapped her arms around his neck, pulling him closer, never wanting to part from him again. They continued to kiss; softly tasting each other, his hand coming to her cheek as he gently wiped the wet traces of tears with his thumb.

Kate pulled away, overwhelmed, placing her face in the crock of his neck. Jack held her close, his hand tracing circles across her back. After a couple of minutes, he heard her mumble something.

˝Sorry? ˝he asked, slowly pulling her away; his eyes searching for hers as he held her shoulders.

˝I said that… that I love you too. ˝she whispered quietly.

Jack looked at her. She looked so…adorable, that he couldn't suppress the smile that appeared on his lips. She looked at him confused, and he hastened, before she could get offended. ˝I´m sorry, it´s just…it took us a long time, didn't it? ˝

Kate smiled too, shaking her head. ˝Yeah, it really did. ˝

They laughed for a moment, then the laughter died and they turned serious again.

˝Listen, would you like…to come to my place for a drink or something? ˝she offered.

˝Uhm…how about a coffee tomorrow morning? ˝he asked, and she straightened up.

Jack looked at her, confused by her sudden change of behavior. ˝Kate, what…? ˝

˝Listen, Jack…I…I love you, but I can't be with you until you decide to accept my son. ˝she said firmly, looking up at him. She saw him opening his mouth to say something, but she was quicker. ˝He _is_ my son now, Jack, whether you want to accept it or not. ˝she said. ˝He calls me _Mummy_ and he is _happy_, and I want it to stay that way, so…_goodbye_. ˝she said sadly, turning to leave.

He grabbed her again, turning her to face him. ˝Would you please just stay quiet and let me finish for once? ˝he asked, shaking his head at her, amused. Kate looked up at him, confused, but nodded. ˝Finally. ˝he said and rolled his eyes; then continued: ˝The reason I declined your offer is because: _firstly_, this has been a difficult day, lots of things have happened and you´ve been through a lot, especially emotionally. You´re tired and you need rest. _Secondly_, I´ve finally got a chance to be happy, with you, so I don't plan to ruin it by giving up to the temptation of bringing alcohol into my body again. _Thirdly_, it´s late, the boy´s probably tired and I coming into the house all of a sudden would just confuse him. Which leads us to my offer for a _coffee_ tomorrow: you, me and the little one. ˝he finished, looking at her. ˝So how that sounds? ˝he asked, smiling at her.

Kate shook her head, wiping away the tears with the back of her sleeve. ˝That…that sounds great. ˝she said, smiling.

Jack smiled too. ˝Okay, then. ˝he said as he opened the cab door for her. ˝Till tomorrow. ˝

Kate smiled, closing the door behind. ˝Till tomorrow. ˝

- Please R&R. ;)


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